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NY C81341




November 26, 1997

CLA-2-61-RR:NC:TA:356 C81341

CATEGORY: CLASSIFICATION

Ms. Beth C. Ring
Sandler, Travis & Rosenberg, P.A.
505 Park Avenue
New York, NY 10022-1106

RE: Classification and country of origin determination for a men's sweater; 19 CFR 102.21(c)(3)

Dear Ms. Ring:

This is in reply to your letter dated October 29, 1997, on behalf of your client, Peninsula Knitters, Ltd., requesting a classification and country of origin determination for a men's sweater which will be imported into the United States.

Samples of the sweater parts and the finished sweater have been submitted as Exhibits 1 and 2, respectively. The samples are being retained for instructional purposes.

FACTS:

The finished garment, Style P2012, is a men's sweater which is constructed from 100 percent cotton, knit fabric which con- tains four stitches per two centimeters counted in the horizontal direction. The garment features a rib knit crew neckline; long sleeves with rib knit cuffs; and a rib knit bottom.

The sweater parts consist of four knit to shape panels and a rib knit neckband. The front panel has a knit to shape curved neckline; marker stitching at the shoulders; tapered stitching at the armholes; and a rib knit bottom. The back panel has marker stitching at the top of the panel; tapered stitching at the arm- holes; and a rib knit bottom. The sleeves have marker stitching at the upper armholes; tapered stitching at the lower armholes and along the sides; and rib knit cuffs. The neckband is knit to length and width and has marker stitching at one end.

The manufacturing operations are as follows:

THAILAND: The front and back panels, the sleeve panels, and the neckband are knit to shape.

CHINA: The marker edging is unraveled; the panels are assembled by linking and looping to form the finished sweater.

ISSUE:

What are the classification and country of origin of the subject merchandise?

CLASSIFICATION:

The applicable subheading for the sweater will be 6110.20.2010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for sweaters, ... and similar articles, knitted or crocheted: of cotton: other: other: sweaters: men's. The rate of duty will be 19.4 percent ad valorem.

Style P2012 falls within textile category designation 345. The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the re- sult of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

COUNTRY OF ORIGIN - LAW AND ANALYSIS:

On December 8, 1994, the President signed into law the Uruguay Round Agreements Act. Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996. On September 5, 1995, Customs published Section 102.21, Customs Regulations, in the Federal Register, implementing Section 334 (60 FR 46188). Thus, effective July 1, 1996, the country of origin of a textile or apparel product shall be determined by sequential application of the general rules set forth in paragraphs (c)(1) through (5) of Section 102.21.

Paragraph (c)(1) states that "The country of origin of a textile or apparel product is the single country, territory, or insular possession in which the good was wholly obtained or produced." As the subject merchandise is not wholly obtained or produced in a single country, territory or insular possession, paragraph (c)(1) of Section 102.21 is inapplicable.

Paragraph (c)(2) states that "Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1) of this section, the country of origin of the good is the single country, territory, or insular possession in which each of the foreign materials incorporated in that good underwent an applicable change in tariff classification, and/or met any other requirement, specified for the good in paragraph (e) of this section:"

Paragraph (e) in pertinent part states that "The following rules shall apply for purposes of determining the country of origin of a textile or apparel product under paragraph (c)(2) of this section":

HTSUS Tariff shift and/or other requirements

6101-6117 (3) If the good is knit to shape, a change to heading 6101 through 6117 from any heading outside that group, provided that the knit-to-shape components are knit in a single country, territory, or insular possession.

Section 102.21(e) states that there must be a tariff shift to heading 6101 through 6117 from any heading outside that group. As the finished garment is classified in heading 6110 and the knit to shape parts are classified in heading 6117, the required tariff shift from a heading outside 6101-6117 does not occur. Accordingly, Section 102.21(c)(2) is inapplicable.

Section 102.21(c)(3) states that, "Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1) or (2) of this section":

(i) If the good was knit to shape, the country of origin of the good is the single country, territory, or insular possession in which the good was knit.

As the subject merchandise is completely knit to shape (front and back panels, sleeves, and neckband) in a single country, i.e., Thailand, Section 102.21(c)(3) applies.

HOLDING:

The country of origin of the sweater is Thailand. Based upon international textile trade agreements products of Thailand are subject to quota and the requirement of a visa.

The holding set forth above applies only to the specific factual situation and merchandise identified in the ruling request. This position is clearly set forth in section 19 CFR 177.9(b)(1). This sections states that a ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). Should it be subsequently determined that the information furnished is not complete and does not comply with 19 CFR 177.9(b)(1), the ruling will be subject to modification or revocation. In the event there is a change in the facts previously furnished, this may affect the determination of country of origin. Accordingly, if there is any change in the facts submitted to Customs, it is recommended that a new ruling request be submitted in accordance with 19 CFR 177.2.

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Mary Ryan at 212-466-5877.

Sincerely,

Robert B. Swierupski
Director,

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